3-301 - Village Officers.

NY Vill L § 3-301 (2019) (N/A)
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§ 3-301 Village officers. 1. Every village shall have the following officers:

a. a mayor;

b. four trustees, except that the board of trustees of a village may change the number of trustees as authorized by section 3-304 of this article;

c. a treasurer;

d. a clerk.

2. Any village may have the following officers:

a. except as provided in section 3-303 of this article, no more than two village justices, but in the event a village has one justice, it shall also have an associate justice who shall serve when requested by the village justice or in the absence or inability of the village justice to serve. The office of village justice is continued in every village in which it is now established. The board of trustees of any other village may establish such office by resolution or local law, subject to a permissive referendum. The board of trustees of any village by resolution or local law, subject to permissive referendum, may abolish such office, but to take effect only upon the expiration of the then current term of such office, or establish the office of additional village justices, which justice once elected shall have all the powers and duties of a village justice. The resolution or local law in the latter case shall provide for a term pursuant to section 3-302 of this article. The clerk of the court of a village shall be discharged from employment only upon the advice and consent of the village justice or justices when the clerk, in his or her village duties, works solely for the village justice or justices.

b. assessor or assessors, provided, however, that the board of trustees by resolution or local law may consolidate the offices of clerk, treasurer, and assessor or any two of such offices. The board of trustees may also determine, by local law or resolution, that such board of trustees shall act as the board of assessors or may appoint such board from their members. Notwithstanding the foregoing provisions of this paragraph, a village which has enacted a local law as provided in subdivision three of section fourteen hundred two of the real property tax law shall not have an assessor or assessors in any year in which such local law is in effect.

c. such other officers, including deputies, as the board of trustees shall determine, provided, however, that the board of trustees by resolution or local law may consolidate the offices of deputy clerk, and deputy treasurer.

3. The mayor, trustees and village justices shall be elective officers. All other officers shall be appointed by the mayor, subject to the approval of the board of trustees.

4. The mayor and the trustees of a village shall constitute the board of trustees thereof.

5. A person who has been convicted of a felony pursuant to the laws of this state or who has been convicted in federal court or in another state for a crime or offense that would constitute a felony under the laws of this state shall be permanently ineligible to be a candidate for village justice or to be appointed or continue to hold such office.